Certain Underwriters at Lloyd's, London Who Subscribed to Policy No. PGIARK00201 04 v. Aminokit Laboratories, Inc. et al

Filing 34

ORDER Denying 26 the defendants Aminokit Laboratories, Inc.; Tamea Rae Sisco and Leo Runnels motion to dismiss the Amended Complaint pursuant to Rule 12(b)(6), by Judge Richard P. Matsch on 4/27/16. (ktera)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 16-cv-00412-RPM
CERTAIN UNDERWRITERS AT LLOYD’S LONDON WHO
SUBSCRIBED TO POLICY NO. PG1ARK00201-04,
Plaintiffs,
v.
AMINOKIT LABORATORIES, INC., a Colorado Corporation;
TAMEA RAE SISCO, a natural person;
JONATHAN LEE, MD, a natural person;
LEO RUNNELS, a natural person;
DENNIS THOMPSON, DC, a natural person; and
NCMIC INSURANCE COMPANY, an Iowa Corporation;
Defendants.
_____________________________________________________________________
ORDER DENYING MOTION TO DISMISS PURSUANT TO Fed. R. Civ. P. 12(b)(6)
_____________________________________________________________________
On April 14, 2016, the defendants Aminokit Laboratories, Inc.; Tamea Rae Sisco
and Leo Runnels filed a motion to dismiss the Amended Complaint pursuant to Rule
12(b)(6). (Doc. 26). The motion is based on a purported agreement not to pursue this
case in connection with a settlement of the underlying lawsuit. Those are matters
outside the allegations of the Amended Complaint and may not be considered under
Rule 12(b)(6). Accordingly, it is
ORDERED that the motion is denied.
DATED: April 27th, 2016
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge